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Lucian T. Pera
Editor-in-Chief, TBALink

STATE OF TENNESSEE
VS.
HOWARD BROWN
Court:TSC
Attorneys:
For Appellant: For Appellee:
SUSAN E. SHIPLEY JOHN KNOX WALKUP
Knoxville, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
TODD R. KELLEY
Assistant Attorney General
Nashville, TN
RANDALL E. NICHOLS
District Attorney General
CHARME P. JOHNSON KNIGHT
Asst. District Attorney General
GREG HARRISON
Asst. District Attorney General
Knoxville, TN
Judge: BIRCH
First Paragraph:
The issue here presented is whether the trial court correctly applied
the rape shield rule in excluding testimony about a rape complainant's
prior sexual behavior with a person other than the defendant. The
trial court excluded the proffered evidence upon a finding that the
defendant did not describe the evidence in detail sufficient to
satisfy the requirement of Tenn. R. Evid. 412(d)(1)(iii). In
contrast, the Court of Criminal Appeals found no issue in the
application of Rule 412(d)(1)(iii); however, it held that the
proffered evidence was properly excluded because it constituted
inadmissible hearsay.
http://www.tba.org/tba_files/TSC/BROWNHow.wpd
STATE OF TENNESSEE
VS.
CHARLES DAMIEN DARDEN
Court:TSC
Attorneys:
For the Appellant For the Appellee
Jerome M. Converse Paul G. Summers
Springfield, Tennessee Attorney General & Reporter
Michael E. Moore
Solicitor General
Daryl J. Brand
Associate Solicitor General
Judge: BARKER
First Paragraph:
We granted this appeal to decide (1) whether the circuit court had
jurisdiction over criminal charges that were not addressed in juvenile
court during the transfer hearing; and (2) whether the amendment to
Tennessee Code Annotated section 37-1-159(d) (Supp. 1999), generally
eliminating the requirement for an acceptance hearing, is
unconstitutional. After examining the record and considering the
arguments of the parties and applicable law, we conclude that the
circuit court properly exercised jurisdiction over the criminal
charges transferred from juvenile court as well as over the additional
charges found in the grand jury's indictment. In addition, we
conclude that the General Assembly did not act unconstitutionally in
eliminating the requirement for an acceptance hearing. Accordingly,
for the reasons herein, we affirm the Court of Criminal Appeals.
http://www.tba.org/tba_files/TSC/DardenCD.wpd
IN RE:
HARRY CLARK MARSH and TRUDI JANETTE MARSH
SUSAN R. LIMOR, TRUSTEE
VS.
FLEET MORTGAGE GROUP and BANK UNITED
Court:TSC
Attorneys:
For Petitioner/Plaintiff: For Respondents/Defendants:
SUSAN R. LIMOR MICHAEL GIGANDET
Nashville, TN Nashville, TN
Judge: BIRCH
First Paragraph:
Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,
this Court accepted certification of the following question from the
United States Bankruptcy Court for the Middle District of Tennessee:
Whether the omission of the official notary seal in the acknowledgment
on a Tennessee deed of trust as required by Tennessee Code Annotated S
66-22-110, renders the instrument "null and void as to . . .
subsequent creditors . . . or bona fide purchasers . . . without
notice" as provided in Tennessee Code Annotated S 66-26-103.
http://www.tba.org/tba_files/TSC/marshhopn.wpd
DONALD P. SPICER
VS.
STATE OF TENNESSEE
Court:TSC
Attorneys:
For the Appellant: For the Appellee:
Marvin E. Ballin Michael E. Moore
Memphis, Tennessee Solicitor General
Mark A. Mesler Michael W. Catalano
Memphis, Tennessee Associate Solicitor General
Nashville, Tennessee
Judge: BARKER
First Paragraph:
In this appeal, we address several issues related to the consolidation
and severance of multiple sexual abuse offenses pursuant to Tennessee
Rules of Criminal Procedure 8, 13, and 14. More specifically, these
issues are: (1) whether the appellant properly preserved his right to
a severance of offenses under Rule 14(b)(1) by objecting to a
pre-trial motion for consolidation; if so, (2) whether the trial court
abused its discretion by improperly consolidating two indictments
alleging child rape and aggravated sexual battery in a single trial;
and if so, (3) whether that abuse of discretion affirmatively appears
to have affected the outcome of the trial.
http://www.tba.org/tba_files/TSC/spicerdp.wpdSUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0207.wpdRICHARD PALLMER JAHN, JR.
VS.
SHERYL JUNE JAHN
Court:TCA
Attorneys:
J. W. DIETZEN, DIETZEN & ATCHLEY, Chattanooga, for
Plaintiff-Appellant.
E. BLAKE MOORE, SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for
Defendant-Appellee.
Judge: FRANKS
First Paragraph:
This is a third appeal in this divorce action which was filed more
than six years ago between plaintiff ("husband") and defendant
("wife").
http://www.tba.org/tba_files/TCA/jahnr.wpd
STATE OF TENNESSEE
VS.
MALE PIT BULL, DEWAYNE ROGERS, SHANIE ROGERS, BILLIE JEAN RITCHIE
JONES
Court:TCA
Attorneys:
ARDENA J. GARTH, District Public Defender, and DONNA ROBINSON MILLER,
Assistant District Public Defender, OF CHATTANOOGA, FOR APPELLANT
BILLIE JEAN RITCHIE JONES
PAUL G. SUMMERS, Attorney General and Reporter, and MARK E. DAVIDSON,
Assistant Attorney General, OF NASHVILLE, FOR APPELLEE
Judge: GODDARD
First Paragraph:
This is an appeal from the Hamilton County Criminal Court's finding of
criminal contempt against Dewayne Rogers, Shanie Rogers and Billie
Jean Ritchie Jones. Mrs. Jones, Defendant-Appellant, raises the
following issue, which we restate: Whether the Appellant was
improperly convicted of criminal contempt solely on the basis of the
uncorroborated testimony of an accomplice?
http://www.tba.org/tba_files/TCA/statempb.wpd

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